AB 2533 — ADU and JADU Legalization Program

A State program that gives San José homeowners a clear, penalty-free path to legalize an unpermitted accessory dwelling unit or junior accessory dwelling unit built or converted before January 1, 2020.

Do I qualify?

Your unit must meet all of the following criteria:

Construction Date – The unit must have been built or converted without a building permit before January 1, 2020

Proof of Construction – You must be able to provide evidence of the construction or conversion date (see Step 2)

Unit Type – The unit meets the definition of an ADU or JADU under California Government Code

No Substandard Building Conditions – If the unit has any substandard building conditions (See Bulletin #214), the substandard items must be corrected before the unit can be legally permitted

How to Apply

Step 1 Review the program requirements

Read the FAQ and substandard housing checklist before you begin. These explain what documentation you’ll need to provide and what City staff will be evaluating during the plan review and inspection process. See Program Documents section below.

Step 2 Gather your documentation

Collect records showing that your ADU or JADU was constructed or converted before January 1, 2020. See the FAQ and AB 2533 Substandard Housing Checklist for examples of acceptable evidence.

Step 3 Optional: get a pre-application inspection

Before submitting, you may hire a licensed design professional or contractor to conduct a confidential third-party inspection. This inspection is recommended to help you assess the current condition of your unit, and whether any substandard or unsafe conditions requiring correction exist.

Step 4 Prepare your plans

Hire a professional to prepare as-built plans showing the existing construction of your unit. If your pre-application inspection identified substandard conditions, the plans should also show the improvements needed to address them. Plans must be drawn to scale and include floor plan, site plan, and relevant structural, mechanical, electrical, and plumbing details. Refer to Bulletin #211 for typical ADU building plan requirements.

Step 5 Submit your permit application

Apply by emailing adu.ally@sanjoseca.gov with the subject line: “AB 2533 legalization Application.” Your application package must include:

Evidence of the date the unit was constructed or converted

Completed, signed Substandard Housing Checklist (Bulletin #214)

As-built plans showing the existing construction and any improvements needed to address substandard conditions

Completed, signed Building Permit Application and ADU Property Owner Declaration

Step 6 Plan review and permit issuance

City staff will review your submitted plans. Once the plans are approved and all required fees are paid, your permit will be issued. You may then begin any construction needed to address substandard conditions, and to schedule your inspections.

Step 7 Inspection, corrections, and final sign-off

A building inspector will visit your unit and evaluate it against the Substandard Housing Checklist. This is a safety-focused review, not a full building code compliance check. The inspector will provide a list of any required corrections. If corrections are needed, hire a licensed contractor to perform the work. Only corrections identified by the City inspector are required. Once corrections pass final inspection, your unit is legalized. The process typically takes 4 to 6 months from a complete application.